The Court of Appeal in Lagos, on Friday, affirmed the election of Governor Dapo Abiodun of the ruling All Progressives Congress (APC) in the March 18, 2023 governorship poll and dismissed the appeal by governorship candidate of the Peoples Democratic Party (PDP), Ladi Adebutu
In a split decision of two to one majority judgement delivered by the duo of Justices Joseph Ikyegh and Muhammed Mustapha, the appellate court dismissed Adebutu’s appeal for lack of merit.
The appellate court also held that it found no substance in the appeal and affirmed the earlier decision of the Election Petitions Tribunal without costs.
But in the minority judgment delivered by Justice Jane Inyang, the jurist upheld the appeal and ordered the Independent National Electoral Commission (INEC) to conduct a fresh election in the state within 90 days.
The Ogun State Governorship Election Petitions Tribunal sitting in Abeokuta had on September 30, 2023, upheld Abiodun’s declaration as the winner of the March 18, 2023 governorship election.
Dissatisfied, Adebutu had approached the Court of Appeal for redress, asking the appellate court to set aside the the judgment of the tribunal.
Dismissing the appeal in a split decision, the appellate court said, “It is a petitioner who bears the responsibility to prove that an election was marred by corrupt practices and that Appellants did not so prove”.
The appellate court further held that the Appellants did not prove the allegation of certificate forgery against Governor Abiodun and noted that the Tribunal did not believe the evidence of certain witnesses because of their demeanours and the chorused nature of their testimony.
Maintaining that appellate courts generally do not interfere with such assessments, it held that the assessment of the Tribunal is undisturbed.
Upholding the expunging of the evidence of the forensic experts, the appellate court held that there is a huge crater in the petition of the appellants, making same castrated, sterile, and with no legs to stand on.
According to the appellate court, the principle that when a decision is ultimately correct, it is immaterial that some reasons may have been applied since the appellate courts concern themselves with the conclusions mainly.
Regarding the issue of disenfranchisement raised by the appellant, the appellate court held that it was the duty of the Appellants to prove disenfranchisement by calling voters who could vote but were disenfranchised.
It added that in the petition, the Appellants did not call any disenfranchised voter, saying that instead, the Appellants called persons who truly voted.
